By and -

Key decisions

  • Ophoven & Berzina [2025] FedCFamC1A 97
  • Felip & Biovin [2025] FedCFamC1A 87
  • Basu & Misra (No 2) [2025] FedCFamC1A 76
  • Whittle & Whittle (No 2) [2025] FedCFamC1F 140

CHILDREN

Child born by in vitro fertilisation – biological connection with child is not required for person to be declared a parent pursuant to s 69VA (per Aldridge & Christie JJ, Gill J in dissent)

In Ophoven & Berzina [2025] FedCFamC1A 97 (28 May 2025), the Full Court (Aldridge, Gill and Christie JJ) heard a mother’s appeal from a declaration that her former de facto spouse was a parent of a child pursuant to section 69VA of the Family Law Act 1975 (Cth) (‘Act’).

The appellant mother (‘appellant’) gave birth to the child in New South Wales following an in vitro fertilisation procedure undertaken overseas (at [2]). Neither party had a genetic connection to the child. The appellant and respondent father (‘respondent’) were in a relationship but not a de facto relationship at the time of the child’s conception.

At trial, the respondent was declared a parent. The grounds of appeal included that the s 69VA declaration was an error of law.

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